Ndlovu v MEC ,Department of Health and Social Development,North West Provincial Government (RAF283/2016) [2018] ZANWHC 56 (4 April 2018)

Ndlovu v MEC ,Department of Health and Social Development,North West Provincial Government (RAF283/2016) [2018] ZANWHC 56 (4 April 2018)

The application for an interim payment was dismissed because the relief sought was practically impossible under the State Liability Act, which prescribes specific procedures and timeframes for payment by government departments. The quantum of damages had not yet been determined, and no final court order had been granted. The urgency claimed by the applicant was found to be self-created, as the medical conditions cited did not arise suddenly and the minor child was already receiving treatment at a public hospital. The court exercised its discretion to dismiss the application on the merits rather than striking it from the roll for lack of urgency. Each party was ordered to pay their own...

Citation
[2018] ZANWHC 56
Parties
Applicant: Bosele Violet Ndlovu obo Olebogwe Mpho Ndlovu; Respondent: The MEC, Department of Health and Social Development, North West Provincial Government
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
4 April 2018
Case Number
RAF283/2016
Procedural Posture
Urgent Application / Interim Relief Application Prior to Determination of Quantum
Outcome
Application dismissed. Each party to pay their own costs.
Judges
R D Hendricks
Legal Topics
Interim Payment, State Liability Act, Urgent Application, Medical Negligence, Quantum of Damages
Civil Procedure Delict Interim Payment State Liability Act Urgent Application Medical Negligence Quantum of Damages

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Parties

Bosele Violet Ndlovu obo Olebogwe Mpho Ndlovu

Applicant

The MEC, Department of Health and Social Development, North West Provincial Government

Respondent

Procedural Posture

Urgent Application / Interim Relief Application Prior to Determination of Quantum

Legal Issues

  1. 1 Whether the applicant is entitled to an interim payment of R1 million pending determination of quantum of damages.
  2. 2 Whether the application meets the requirements for urgency.
  3. 3 Whether the respondent, as a government department, can comply with the requested payment within 24 hours under the State Liability Act.

Ratio Decidendi

The application for an interim payment was dismissed because the relief sought was practically impossible under the State Liability Act, which prescribes specific procedures and timeframes for payment by government departments. The quantum of damages had not yet been determined, and no final court order had been granted. The urgency claimed by the applicant was found to be self-created, as the medical conditions cited did not arise suddenly and the minor child was already receiving treatment at a public hospital. The court exercised its discretion to dismiss the application on the merits rather than striking it from the roll for lack of urgency. Each party was ordered to pay their own...

Court Disposition

Application dismissed. Each party to pay their own costs.

Orders

  • The application is dismissed.
  • Each party to pay his/her own costs.